Whether a retired Greensburg police officer used her job in a drug distribution conspiracy was at issue in a pension forfeiture appeal argued in court Tuesday.

Attorney Lawrence Kerr argued that there hasn’t been any evidence that shows Regina McAtee, 53, of New Kensington, and the former Greensburg police chief used work hours to commit the federal drug crimes to which they’ve pleaded guilty and been sentenced.

“We don’t know, it could’ve been all done off work,” Kerr said. “We don’t know if a police vehicle was involved, we don’t know if they used their police phones.”

Attorney Lee Demosky, representing Greensburg’s police pension commission, pointed to federal court records that showed text messages about ordering pills were exchanged by the pair and a February 2023 discipline agreement with Greensburg that indicated McAtee tested positive for methamphetamine while on duty. The positive test resulted in her suspension without pay from February to July 2023 when she retired after 19 years on the force, according to the agreement.

“It’s the city’s position that Ms. McAtee’s work relationship with her boss put her in a position to obtain and distribute methamphetamine,” said Greensburg solicitor Zachary Kansler. “The nexus is supported by her showing up to work using those same drugs.”

A February decision by Greensburg’s police pension commission sought the repayment of $75,400 from McAtee in pension benefits that were paid to her. Her pension benefits were suspended in September by the commission after she was sentenced to 36 months of federal probation in a drug distribution conspiracy.

Federal prosecutors said McAtee and then-police Chief Shawn Denning, 45, of Delmont ordered and paid for pills that contained methamphetamine from suppliers online between November 2020 and January 2023.

McAtee was charged in March 2024 and pleaded guilty two months later to conspiracy to distribute and possess with intent to distribute methamphetamine. She was sentenced in May 2025. After the pension commission suspended her benefits, she appealed the decision and her attorney made legal arguments during a December public hearing.

Since her retirement, McAtee received nearly $150,000 in pension payments, according to the decision. Her contributions into the fund totaled $74,000, excluding interest, and she’s allowed to keep that amount.

Under state law, a public employee convicted of specific crimes is subject to pension forfeiture if there is a connection between the crime and their job.

Judge Chris Scherer said he would make a ruling later while acknowledging that he understands the decision likely will be appealed.

“We’re just trying to protect the taxpayer money here,” Demosky said.

Denning wasn’t eligible to receive his pension. The pension commission in December authorized the return of nearly $62,000 in contributions he made.

Denning, a military veteran, was sentenced last year to 15 months in federal prison followed by two years of supervised release after pleading guilty in April 2024 to conspiracy to distribute and possession with intent to distribute methamphetamine and cocaine. He joined the department in 2008 and was arrested in 2023.

Denning was released from custody in March, according to federal records.

In addition to the federal case, he was sentenced in August to three concurrent one-year probation terms in Westmoreland County court in connection with a backpack containing suspected steroids and psilocybin mushrooms that was missing from the city police evidence room. An audit of evidence was conducted after his arrest.